nopixel Terms of Service

Last Updated December 27, 2023

General Information

Welcome to nopixel! These Terms govern your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and nopixel Studios PTY LTD. Read these Terms carefully before using the Services. By accessing the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.

OUR SERVICES ARE INTENDED FOR PERSONS OVER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICES. BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.

Your use of the Services is subject, at all times, to the nopixel Rules and Guidelines and any other rules or guidelines promulgated by us from time to time (collectively the “nopixel Guidelines”). The nopixel Guidelines are hereby incorporated into these Terms by reference. You acknowledge and agree that a violation of the nopixel Guidelines will constitute a material breach of these Terms and if Company discovers you violated the nopixel Guidelines, it may, in its sole discretion, revoke your access to any Server, including any Priority Access, without Notice or refund.

We may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

These Terms are, at all times, subject to our Privacy Policy, as amended from time to time.

Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.

nopixel DEVELOPS, OPERATES, AND MAINTAINS INDEPENDENT GRAND THEFT AUTO V SERVERS FOR THE PURPOSE OF PLAYING A MODIFIED EXPERIENCE OF GRAND THEFT AUTO V ONLINE. NEITHER nopixel NOR NOPIXEL STUDIOS PTY LTD IS AFFILIATED WITH, ENDORSED BY, OR OTHERWISE CONNECTED TO ROCKSTAR GAMES, INC. OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES. THE TERMS “GRAND THEFT AUTO V,” “ROCKSTAR GAMES” AND ANY OTHER PRODUCT MARKS, TRADEMARKS, LOGOS, WORD MARKS, OR SERVICE MARKS, ALONG WITH GRAND THEFT AUTO V AND ALL UNDERLYING MATERIALS THEREIN ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. USE OF THE FOREGOING DOES NOT IMPLY ANY AFFILIATION WITH OR ENDORSEMENT OF ROCKSTAR GAMES, INC. NOPIXEL STUDIOS PTY LTD

1. Definitions

“Account" means, any individual User profile account that is created when you use the Services and play in and interact with a Server.

“Application Fee” shall have the meaning set forth in Section 2.

“Communication Services” means the voice-chat, text chat and messaging system, forums, and any other related service that nopixel Users can use to communicate and interact with one another within a Server or otherwise.

"Company" means nopixel Studios PTY LTD. References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties.

“Custom Assets” means any assets submitted by Users for integration into and interaction with Users on the Servers.

"Dispute" means any controversy related to these Terms or your interaction with the Services, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

"Intellectual Property Rights" means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“nopixel Guidelines” shall mean the nopixel Rules and Guidelines and any other rules or guidelines promulgated by Company from time to time.

“nopixel Store” means the store where users may purchase Priority Access and other services related to the Server. The store is available here. All items or services offered by the nopixel Store may be removed by nopixel at any time in its sole discretion.

"Notice" means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.

“Primary Server” means the primary nopixel Server, which is open to select Users, and on which Users can upload Customs Assets and other User Generated Content.

“Priority Access” means allows Users to purchase preferential access to the Server in exchange for a recurring monthly payment. There are five levels of Priority Access.

"Privacy Policy" means the Company policy regarding data privacy, which also governs your use of the Services and is incorporated herein by reference.

"Protected Content" means all content, included as part of the Services and any compilation thereof including, without limitation, User Generated Content, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, images, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory. For the purposes of these Terms, “Protected Content” also includes Grand Theft Auto V, Grand Theft Auto V online and all underlying materials therein.

“Rockstar” means Rockstar Games, Inc.

“Server” means any multiplayer and/or role-playing modification server for Grand Theft Auto V that is developed, operated, and maintained by Company including, but not limited to, the Primary Server.

“Services” means Servers, and the Website, inclusive of any associated services or materials thereon.

“Tebex” means Tebex Limited, our payment processor with respect to transactions made via the nopixel Store and other parts of the Services.

“Terms” means these terms of service and end user license agreement and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.

"User," "you" or "your" means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.

“User Clips” means clips of a particular User’s online multiplayer or role-play gameplay of Grand Theft Auto V that a User uploads for review by Company as part of such User’s application to join the Primary Server.

“User Generated Content” or “UGC” means any Customs Assets, along with photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials posted or otherwise integrated into the Services via the User.

“Website” means the online website “https://www.nopixel.net/upload/index.php/” including all sub-pages, sub-domains, and associated domains thereof.

2. Application to Join Primary Server

1. Application. You acknowledge and agree that only invited Users may participate on the Primary Server. To be invited to join the Primary Server you must complete the online application, available at the nopixel website : In addition to the requested information, the application will require you to submit User Clips for our review. For more information on the application process, please click here.
2. Application Review. We will evaluate your application including your User Clips and determine whether to extend you an invitation to join the Primary Server. The decision to extend an invitation for you to join the Primary Server and the criteria upon what such decision is based is in our sole discretion. You acknowledge and agree that while we love all of our Users, we want to make sure the Primary Server is curated to provide the best possible experience. Accordingly, we cannot guarantee that you will be offered an invitation to the Primary Server. All decisions regarding the Primary Server are final and non-appealable, provided that you may re-apply pursuant to the terms and conditions set forth below.
3. Re-Application to Primary Server. Users that have their applications to join the Primary Server rejected are welcome to re-apply to join the Primary Server, following the same terms and conditions set forth above, no less than thirty (30) days following their rejection. Users may continue to re-apply 1 time per month until they are accepted. For the avoidance of doubt, we make no guarantee that we will ever extend you an invitation to join the Primary Server.
4. Application Fee. To submit an application to join the Primary Server, you are required to pay the Application Fee. All payments are made pursuant to the terms and conditions set forth herein. The amount of the Application Fee is subject to change, at any time, in our sole discretion. You acknowledge and agree that the Application Fee is nonrefundable whether you are invited to join the Primary Server or not.
5. Use of User Clips. You hereby grant us a limited, non-exclusive, irrevocable, worldwide royalty free right and license to use the User Clips you submit as part of our review of your application to join the Primary Server. You acknowledge and agree that User Clips may contain your name, image, voice, likeness, and any other information, including personal data, that you may include in such User Clips. You represent and warrant that i) you have the right to grant us the foregoing license; and ii) the User Clips represent your original work and you are the sole natural person to appear in such User Clips. Any use of personal information contained in such User Clips will be in accordance with our Privacy Policy.

2.1 Priority Access

We wish everyone could play all at once. Unfortunately, we have limited server space on the Server. Therefore, users typically need to enter a queue prior to be letting into the Server. We offer Priority Access, which may allow users to move up the queue and access the Server(s) faster. There are five levels of Priority Access and the higher the level of Priority Access, the quicker you will be able to access the Server(s). You may purchase Priority Access via our nopixel Store. Please keep in mind that in the event you purchase any level of Priority Access, you still may not be able to access the Server at any given time for various reasons (the Server may be full, down for maintenance, etc.). Therefore, we make no representation, warranty, or guarantee that you will be able to access the Server at any given time, even if you do purchase Priority Access and you acknowledge and agree that you are not purchasing Priority Access on the basis of any such representation, warranty, or guarantee.

To maintain any level of Priority Access, you are required to pay the monthly recurring fee. We may update these fees at any time, in our sole discretion, upon notice. You may cancel your Priority Access at any time by following the instructions found here. Cancellations are processed via Tebex, and we are not responsible for any delays with respect to cancellations.

For more information about cancelling your Priority Access and recurring fees and other transactions, please see Section 8 of these Terms.

3. License

The Services are licensed to you for your personal use and entertainment. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your non-commercial and entertainment purposes use, subject to your compliance with these Terms. Any use of the Services is expressly conditioned upon your compliance with these Terms. You may not access, copy, modify or distribute the Services, unless expressly authorized by Company or permitted by applicable law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from the Services, unless expressly authorized by Company or permitted by law. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein. All other rights, including all Intellectual Property Rights with respect to Protected Content are reserved by their respective owners.

4. License Restrictions and Prohibited Conduct

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services, strictly in accordance with these Terms. As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you may not do any of the following with respect to the Services or any components thereof:

1. Use the Services in any manner that violates these Terms or the nopixel Guidelines.
2. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
3. Used any unauthorized third-party programs to affect the Servers and/or Grand Theft Auto V including, but not limited to, cheat programs, scripts, trainers, bots or any other program that may interrupt, interfere with, or collect information about the Services or the Protected Content.
4. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
5. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services, the Protected Content, or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
6. Modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted these Terms or by applicable law notwithstanding this limitation;
7. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services;
8. Access the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
9. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
10. Harvest or collect the email addresses or other contact information of other Users;
11. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
12. Use the Services in any manner which could damage, disable, overburden, or impair the Servers, the Website or Website servers, or otherwise interfere with any other party's use and enjoyment of the Services or Grand Theft Auto V;
13. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
14. Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
15. Defame, harass, abuse, threaten or defraud Users, or collect, or attempt to collect, personal information about Users or third parties without their consent; or
16. Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose.

You acknowledge and agree that if you engage in any of the foregoing behaviors, Company may take action against your Account including, but not limited to, suspending or permanently removing your access to the Servers at any time and in Company’s sole discretion. Any such action is without waiver or prejudice to any rights or remedies Company has hereunder or at applicable law.

5. Children Under 18

By using the Services, you warrant and represent that you are at least 18 years of age. In the event we learn you are under 18 years of your Account will be immediately deactivated and removed from all Servers, including the Primary Server.

6. Account

To use the Services, you must create a unique nopixel Account. All Accounts are subject to these Terms. You are solely responsible for maintaining the confidentiality and security of your Account and password. Such security includes but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such password may be stored. You agree that you are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to assign or otherwise transfer your Account to or share your password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your password or other Account credentials. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you.

In addition to the above, we require your Steam ID to connect you to the FiveM Server. By using Steam and obtaining a Steam ID, you may be subject to agreements with Steam. For your reference, Steam’s terms and conditions are available here. You further acknowledge and agree that to play Grand Theft Auto V on any roleplaying or multiplayer Server, including the nopixel Servers, you will need to create a Rockstar ID and obtain a valid and licensed copy of Grand Theft Auto V. By using Grand Theft Auto V and/or setting up a Rockstar ID, you may be subject to an agreement(s) with Rockstar. For your reference, Rockstar’s terms and conditions are available here and the Grand Theft Auto V End User License Agreement is available here.

You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you and Steam or Rockstar and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing agreements or any similar agreement between you and Steam or Rockstar, or any other third party, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction and suspending or terminating your Account privileges or Priority Access and/or removing you from the Servers.

You further acknowledge and agree that by connecting to the FiveM server via your Steam ID and signing up for an Account via your Rockstar ID, you are providing Company with limited access any information including any personal information about you contained within in your Steam and Rockstar ID respectively and associated credentials for the purpose of creating and interacting with your Account.

7. User Generated Content

TO CREATE USER GENERATED CONTENT YOU MUST BE A MEMBER OF THE PRIMARY SERVER.

All User Generated Content must be submitted to Company for review and will only be uploaded to the Servers designated by Company and following Company’s approval, to be given by Company in our sole discretion. By creating any User Generated Content, you hereby grant Company a nonexclusive, perpetual, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in connection with the development, maintenance operation, and promotion of the Services. The foregoing includes the right and license to use and transmit all Custom Assets within the nopixel Community and throughout our Servers.

You hereby represent that any User Generated Content you create is wholly original and you own all right, title, and interest to such User Generated Content or otherwise have the legal right and authority to integrate such User Generated Content into the Services and grant the license to Company as described herein. You further warrant that the authorized use or exploitation of the User Generated Content, will not violate any third-party rights including, without limitation, any copyright, trademarks or other intellectual property rights, privacy rights, or statutory or common law rights of publicity in any jurisdiction.

Company reserves the right to remove any User Generated Content that does not comply with these Terms or any agreement or guidelines promulgated by Rockstar. Company may also remove User Generated Content that violates someone else’s rights, including without limitation any trademarks, copyrights, patent rights or similar, as well as statutory and common law rights of publicity. Finally, Company may remove the following:

1. User Generated Content that harasses, defames, or disparages any individual including any harassing or pejorative comments based on any individual’s sex, sexual orientation, sexual preference, transgender status, gender identity, race, ethnicity, religion, or other protected class; or
2. User Generated Content that may be considered misleading, fraudulent, or otherwise unlawful or that is uploaded for an illegal or unauthorized purpose.

You acknowledge and agree that a violation of this Section 7 will constitute a material breach of these Terms and if Company discovers you violated the Section it may, in its sole discretion, revoke your access to any Server, including any Priority Access, without Notice or refund.

7.1 Note on Submitting Custom Assets

Custom Assets must be submitted to the Custom Assets Section of the nopixel forums. Custom Assets sent directly to developers will not be accepted or reviewed. All Custom Assets, including all PEDs, are subject to our approval, as set forth above. Further, we may remove Custom Assets from the Server(s) at any time for any reason or no reason in our sole discretion. Given the limitations presented by FiveM, it is likely that some PEDs may be removed and it will be less likely that future PEDs are approved.

8. Transactions

If you wish to purchase Priority Access to a Server or to pay the Application Fee for the Primary Server, you are required to pay the applicable monthly purchase price. Unless otherwise indicated, all fees and other charges are in U.S. dollars.

1. Billing and Account Information. We partner with Tebex Limited and Tebex Inc. (“Tebex”) (www.tebex.io) in connection with the sales of Priority Access and other products and services made within the nopixel Store. If you wish to purchase anything via the nopixel Store, you must do so through Tebex. In order to make any such purchase from Tebex, you must agree to their terms, available at checkout.tebex.io/terms (the “Tebex Terms”). If you have any billing or transactional inquiries regarding a purchase made through Tebex, you should contact Tebex support at www.tebex.io/contact/checkout in the first instance. You will receive a receipt from the Tebex confirming payment. If your payment is rejected for any reason, including insufficient funds, we reserve the right to contact you directly to seek payment. By using Tebex or any other third party payment platform, you may be subject to the Tebex Terms and other agreements with such Tebex. If Company receives notice that your activity violates any agreement between you and Tebex or any third party platform, Company may, in our sole discretion take action against your Account to bring you into compliance with such agreements. Such actions may include canceling a transaction, suspending your Account privileges and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all transactions conducted via Tebex or any other third party payment platform.
2. Recurring Payments. If you elect to purchase Priority Access, you acknowledge and agree that the payment method you use to pay for Priority Access will be automatically charged at regular monthly intervals, indefinitely, unless your subscription is cancelled. Priority Access subscription prices are subject to change at any time.
3. Cancelling Priority Access. YOU MAY CANCEL YOUR PRIOIRTY ACCESS AT ANY TIME. IN ORDER TO CANCEL YOUR PRIORITY ACCESS AND STOP RECURRING PAYMENTS, REFER TO THE EMAIL SENT TO YOU AT THE TIME OF PURCHASE OR VISIT https://checkout.tebex.io/payment-history/recurring-payments. UPON CANCELLATION, YOU MAY CONTINUE TO UTILIZE YOUR PRIORITY ACCESS FOR THE REMAINDER OF THE SUBSCRIPTION TERM FOR WHICH YOU HAVE PAID.
4. Refunds To the maximum extent permitted by applicable law, all purchases made on the nopixel Store are final and Company does not offer refunds with respect to such purchase, including Priority Access subscriptions. For customers located in the UK or the EU, please see:
   1. Right of Withdraw for UK and EU Consumers: If you are a resident of the United Kingdom or European Union/EEC you have a right to withdrawal and receive a refund from certain transactions. For more information on this right, please see our Notice of the Right to Withdrawal, located in Section 28 below.
5. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY THIRD-PARTY PLATFORM, INCLUDING ANY TERMS, SERVICES, CONDITIONS, REPRESENTATIONS, COVENANTS, OR WARRANTIES SET FORTH IN ANY AGREEMENT BETWEEN YOU AND SUCH THIRD PARTY PLATFORM AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Intellectual Property Ownership

All Protected Content is the property of Company, Rockstar, or their respective third-party suppliers/licensors and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third-party.

10. Monitoring and Anti-Cheat

Our goal is to provide a fun and positive gaming and roleplaying environment for our Users. To support that goal, we have the right, but not the obligation, to monitor the Communications Services and User gameplay within a Server to, among other things, address cheating and similar behavior. You acknowledge and agree that to interact with the Servers, you therefore may be required to install anti-cheat software, that will run in the background of your device. This anti-cheat software will only monitor your activities within the Servers and will not have access to any other information on your device. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVERS, INCLUDING ALL ASSOCIATED GAMEPLAY, OR YOUR USE OF THE COMMUNICATION SERVICES IS NOT PRIVATE AND MAY BE MONITORED AT ANY TIME BY COMPANY IN OUR SOLE DISCRETION. PLEASE NOTE THAT ANY PERSONAL INFORMATION WE COLLECT VIA the ANTI-CHEAT SOFTWARE WILL ONLY BE FOR THE PURPOSE OF PREVENTING CHEATING AND SIMILAR BEHAVIOR AND WILL BE USED IN ACCORDANCE WITH THE TERMS SET FORTH IN OUR PRIVACY POLICY.

11. Use of Communication Services

You agree to use the Communications Services only to post, send, and receive written communications that are proper and related to the Services. Materials uploaded to a Communication Service may be subject to posted limitations on usage, content, reproduction and/or dissemination.

YOU MAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTS TO THE COMMUNICATION SERVICES. You are responsible for adhering to any limitations on your use of the Communications Services set forth herein and Company reserves the right to terminate your access to any or all the Communications Services at any time, without Notice, for any reason whatsoever.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary licenses, consents, and permissions therefor; upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file uploaded by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Company has no obligation to monitor the Communication Services. However, in accordance with Section 10 above, Company reserves the right to monitor the Communications Services in real time and review any and all materials uploaded to a Communication Service and to remove any materials in its sole discretion.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANYTHING YOU POST, UPLOAD, RECORD, OR OTHERWISE BROADCAST VIA THE COMMUNICATION SERVICES MAY BE VISIBLE BY OTHER USERS. THEREFORE WE STRONGLY ADVISE THAT YOU AVOID SHARING ANY PERSONAL INFORMATION OVER THE COMMUNICATION SERVICES. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANY DOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANY COMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.

12. Service Availability and Termination

You acknowledge and agree that:

• 1. Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
  2. Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;
  3. The Services may not be offered in all countries or geographic locations.

13. Company Disclaimer and Limitation of Liability and Remedies

COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.

All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content.

No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding purchasing the use of the Services or the purchase any other good or service, whether virtual or tangible, offered by the Services, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.

USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR USERS AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR OR CONNECTED TO THE PAYMENTS OR OTHER USER SERVICES PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUDNER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVERS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COSMETIC ITEM, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.

FINALLY, YOU ACKNOWLEDGE AND AGREE THAT COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO GRAND THEFT AUTO V, THE FUNCTIONALITY THEREOF, OR ANY MATERIALS THEREIN AND, COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR USE OR INTERACTION WITH GRAND THEFT AUTO

14. Representations and Warranties

In addition to any other representations and warranties made herein, you hereby represent and warrant that i) you are not prohibited from receiving or using any aspect of the Services under applicable laws and ii) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements, terms of use, or contracts.

15. Links to Third Party Sites

The Services may contain links to third-party websites. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.

16. Device and Internet Connection

Use and access of the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.

17. International Users

The Services are controlled, operated and administered by Company from our offices within various countries including the United States. If you access the Services from a location outside of these countries, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

18. Release

You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third-party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."

19. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your breach of any obligation, representation, or warranty set forth in these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; (v) any claim that you caused damage to a third-party; or (vi) Company’s authorized use of your UGC.

20. Dispute Resolution

1. A party must not commence litigation, court proceedings, tribunal proceedings or arbitration relating to a Dispute, whether in contract, tort, equity or otherwise at law, arising under or in connection with this agreement (including a dispute relating to the interpretation of this agreement), without first complying with this clause 20 in relation that Dispute.
2. Upon a Dispute arising, the aggrieved party must notify the other party, in writing, of the Dispute within five (5) business days of such Dispute arising (“Dispute Notice”). Upon the Dispute Notice being issued, the parties will have fourteen (14) business days to resolve the Dispute between themselves, in good faith and acting reasonably (“Negotiation Period”).
3. If the Dispute still exists after the conclusion of the Negotiation Period, then within ten (10) business days after the end of the Negotiation Period for that Dispute (“Referral Period”), the parties will refer that Dispute to arbitration to be conducted as follows:
   1. by an arbitrator (“Arbitrator”):
      1. agreed by the parties; or
      2. if the parties do not agree on an arbitrator by the end of the Referral Period, appointed by the Australian Centre for International Commercial Arbitration (ACICA); and
   2. in accordance with the ACICA Arbitration Rules applicable at the time of the referral.

1. The parties agree that in relation to any Dispute referred to an Arbitrator under this clause 20(c):
   1. A party may make written submissions to the Arbitrator in relation to that Dispute, provided that that party provides a copy of those submissions to the other party at the same time as it provides the submissions to the Arbitrator;
   2. The parties must:
      1. use reasonable endeavors to participate in and conduct the arbitration process in relation to that Dispute as efficiently as practicable;
      2. use reasonable endeavors to make available to the Arbitrator all information and documents relevant to that Dispute and which the Arbitrator reasonably requires to resolve that Dispute; and
      3. instruct the Arbitrator to determine that Dispute in a manner consistent with this agreement, taking into account the information and documents provided by the parties in connection with that Dispute, and to promptly provide the parties with written notification of the Arbitrator’s determination of that Dispute and a summary of the reasons for such determination; and
   3. the Arbitrator will:
      1. act as an arbitrator (and not as an expert) in relation to that Dispute;
      2. determine the procedure for resolving that Dispute; and
   4. the Arbitrator’s determination of that Dispute will be final and binding on the parties.
2. Each party must bear its own costs of resolving a Dispute in accordance with this clause 20.
3. If an Arbitrator is appointed under clause 20(c), then the parties must bear the costs of the Arbitrator (including any venue hire fees) equally between them or in amounts determined by the Arbitrator.
4. Any submissions, information or documents disclosed by a party in connection with this clause or any Dispute:
   1. must be kept confidential;
   2. will not constitute an admission or waiver of rights; and
   3. may not be used for any purpose except to resolve the Dispute in accordance with this clause 20.
5. This Agreement is governed by and will be construed with the laws of New South Wales, Australia. The parties agree to submit to the exclusive jurisdiction of New South Wales, Australia and any courts within, including any courts competent to hear appeals from those courts.

21. Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

22. Termination and Access Restriction

Company reserves the right to terminate your access to the Services, or any portion thereof at any time, without Notice, for any reason including, without limitation, a breach of these Terms or a breach of the nopixel Guidelines. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

23. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

24. Miscellaneous

Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.

These Terms, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.

25. Copyright Infringement Policy

Company is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.

If you are a copyright owner or an agent thereof and believe that any User Generated Content on the Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Services are covered by a single notification, a representative list of such works that appear within the Services;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

Company will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

The designated agent can be reached at [email protected]

26. DMCA Counter Claims

Company may notify the owner or administrator of the affected Content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

27. Contact

If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at [email protected]

28. For EU/UK Residents: Right of Withdrawal

1. Right of Withdrawal: Pursuant to the EU Consumer Rights Directive (the “Directive”) All Users who are residents of the European Union or United Kingdom have a right to withdrawal from any purchase of Priority Access made via the Services, for any reason. You agree that the withdrawal period will expire upon the sooner of fourteen (14) days after you purchase the Priority Access or after you utilize such Priority Access.

To exercise the right of withdrawal, please see the Schedule 1 to the Tebex terms of use. For more information, you may contact Tebex via https://www.tebex.io/contact.

1. Effects of Right of Withdrawal: In the event you exercise your right of withdrawal we will, within 14 days of the request reimburse all payments received from you with respect to Priority Access, provided that if you made use of such Priority Access, we may deduct from the reimbursement an amount proportional to such use. We will reimburse you via the same means of payment that you used for the initial transaction. Please note that, upon your exercise of the Right to Withdrawal, your Account will no longer have Priority Access to the Servers.
2. Exceptions of the Right to Withdrawal: You acknowledge and agree that, pursuant to the Directive, your right to withdrawal will not apply in the following circumstances, among others:
3. Service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose his right of withdrawal once the contract has been fully performed;
4. Any goods that are made to your specifications or are personalized;
5. Any goods that, after delivery, according to their nature, are inseparably mixed from other items;
6. The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
7. The supply of digital goods which are not supplied on a tangible medium if the performance has begun, subject to your prior express consent and acknowledgment that you thereby lose your right of withdrawal.